- Latest available (Revised)
- Point in Time (28/05/2012)
- Original (As made)
Point in time view as at 28/05/2012.
There are currently no known outstanding effects for the The Control of Asbestos Regulations (Northern Ireland) 2012, Section 4.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
4.—(1) In this regulation “the dutyholder” means—
(a)every person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to the maintenance or repair of non-domestic premises or any means of access or egress to or from those premises; or
(b)in relation to any part of non-domestic premises where there is no such contract or tenancy, every person who has, to any extent, control of that part of those non-domestic premises or any means of access or egress to or from those premises,
and where there is more than one such dutyholder, the relative contribution to be made by each such person in complying with the requirements of this regulation will be determined by the nature and extent of the maintenance and repair obligation owed by that person.
(2) Every person shall co-operate with the dutyholder so far as is necessary to enable the dutyholder to comply with the duties set out under this regulation.
(3) In order to manage the risk from asbestos in non-domestic premises, the dutyholder shall ensure that a suitable and sufficient assessment is carried out as to whether asbestos is or is liable to be present in the premises.
(4) In making the assessment—
(a)such steps as are reasonable in the circumstances shall be taken; and
(b)the condition of any asbestos which is, or has been assumed to be, present in the premises shall be considered.
(5) Without prejudice to the generality of paragraph (4), the dutyholder shall ensure that—
(a)account is taken of building plans or other relevant information and of the age of the premises; and
(b)an inspection is made of those parts of the premises which are reasonably accessible.
(6) The dutyholder shall ensure that the assessment is reviewed without delay if—
(a)there is reason to suspect that the assessment is no longer valid; or
(b)there has been a significant change in the premises to which the assessment relates.
(7) The dutyholder shall ensure that the conclusions of the assessment and every review are recorded.
(8) Where the assessment shows that asbestos is or is liable to be present in any part of the premises, the dutyholder shall ensure that—
(a)a determination of the risk from that asbestos is made;
(b)a written plan identifying those parts of the premises concerned is prepared; and
(c)the measures which are to be taken for managing the risk are specified in the written plan.
(9) The measures to be specified in the plan for managing the risk shall include adequate measures for—
(a)monitoring the condition of any asbestos or any substance containing or suspected of containing asbestos;
(b)ensuring any asbestos or any such substance is properly maintained or where necessary safely removed; and
(c)ensuring that information about the location and condition of any asbestos or any such substance is—
(i)provided to every person liable to disturb it; and
(ii)made available to the emergency services.
(10) The dutyholder shall ensure that—
(a)the plan is reviewed and revised at regular intervals, and without delay if—
(i)there is reason to suspect that the plan is no longer valid; or
(ii)there has been a significant change in the premises to which the plan relates;
(b)the measures specified in the plan are implemented; and
(c)the measures taken to implement the plan are recorded.
(11) In this regulation—
(a)“the assessment” is a reference to the assessment required by paragraph (3);
(b)“the plan” is a reference to the plan required by paragraph (8); and
(c)“the premises” is a reference to the non-domestic premises referred to in paragraph (1).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: